[DOWNLOAD] "Maxton Builders v. Richard Lo Galbo Et Al." by Court of Appeals of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Maxton Builders v. Richard Lo Galbo Et Al.
- Author : Court of Appeals of New York
- Release Date : January 18, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
[68 N.Y.2d 373 Page 375] Opinion OF THE COURT The plaintiff contracted to sell a house to the defendants and accepted a check for the down payment. When the defendants canceled the contract and stopped payment on the check, the plaintiff sued for a breach claiming a right to the down payment -- a right traditionally allowed in this State under the rule set forth in Lawrence v Miller (86 NY 131). The trial court denied plaintiff's motion for summary judgment holding that a fact question was presented as to whether recovery of the down payment would constitute a penalty under the circumstances. The Appellate Division modified and granted summary judgment to the plaintiff for the amount of the down payment.
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